Opinion
24-cv-03995-TLT
07-29-2024
DASHON HINES, Plaintiff, v. HP INC., Defendant.
ORDER DISMISSING COMPLAINT FOR LACK OF JURISDICTION AND DENIAL OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
RE: DKT. NO. 1, 3
TRINA L. THOMPSON UNITED STATES DISTRICT JUDGE
Before the Court is pro se plaintiff Dashon Hines (“Plaintiff”) motion to proceed in forma pauperis. ECF No. 3.
Plaintiff filed suit against HP, Inc. (“Defendant”) for violation of a printer services contract. Plaintiff claims this case belongs in federal court because he is filing under 41 U.S.C. § 6503. That statute, however, only applies to contracts “made by an agency of the United States” and there are no governmental entities involved in this case. 41 U.S.C. §§ 6502, 6503. HP, Inc. is not a governmental entity; consequently, there is no federal question jurisdiction.
In addition, there is no diversity jurisdiction because the amount in controversy could not reasonably surpass $75,000. Plaintiff seeks $1,000,000 in damages based on the “actual and projected loss of productivity damage to personal office equipment.” Plaintiff's allegations appear to revolve around the HP All-In Plan, HP Office Jet Pro contract. Though federal courts “must give due credit to the good faith claims of the plaintiff, a court would be remiss in its obligations if it accepted every claim of damages at face value, no matter how trivial the underlying injury . . . .” Here, a monthly installment contract would not reasonably surpass $75,000.00. Consequently, the complaint is hereby DISMISSED. ECF No. 1.
Having carefully considered Plaintiff's motion, the relevant law, and the record in this case, the Court hereby DENIES Plaintiff's motion for leave to proceed in forma pauperis. ECF No. 3
This order resolves ECF 1 and ECF 3. The Clerk of the Court is ordered to terminate the matter and close the case.
IT IS SO ORDERED.